U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION, MORTGAGE PASS- THROUGH
Motion No: CA 13-02067
Slip Opinion No: 2013 NY Slip Op 94717(U)
Decided on December 17, 2013
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 17, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-02067
DOCKET NO. CA 13-02069
DOCKET NO. CA 13-02078

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED

ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH

CERTIFICATES, SERIES 2005-SC1, PLAINTIFF-RESPONDENT,

V

MARGARET A. ZREBIEC, INDIVIDUALLY AND AS SOLE DISTRIBUTEE

AND ADMINISTRATOR OF THE ESTATE OF DAVIE E. ZREBIEC ALSO

KNOWN AS DAVID ZREBIEC, DECEASED, ET AL., DEFENDANTS,

DANTE M. SCACCIA, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED

ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH

CERTIFICATES, SERIES 2005-SC1, PLAINTIFF-RESPONDENT,

V

MARGARET A. ZREBIEC, INDIVIDUALLY AND AS SOLE DISTRIBUTEE

AND ADMINISTRATOR OF THE ESTATE OF DAVIE E. ZREBIEC ALSO

KNOWN AS DAVID ZREBIEC, DECEASED, DEFENDANT, DANTE M. SCACCIA,

DEFENDANT-APPELLANT, ET AL., DEFENDANTS.

(APPEAL NO. 2.)

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED

ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH

CERTIFICATES, SERIES 2005-SC1, PLAINTIFF-RESPONDENT,

V

MARGARET A. ZREBIEC, INDIVIDUALLY AND AS SOLE DISTRIBUTEE

AND ADMINISTRATOR OF THE ESTATE OF DAVIE E. ZREBIEC ALSO

KNOWN AS DAVID ZREBIEC, DECEASED, DANTE M. SCACCIA,

DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

(APPEAL NO. 3.)


Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 29, 2012 (appeal No. 1), December 13, 2012 (appeal No. 2), and September 18, 2013 (appeal No. 3), and having moved for an extension of time to perfect appeal Nos. 1 and 2, and having moved for a stay of enforcement of the orders pending the hearing and determination of the appeals,

Now, upon reading and filing the affidavit of Dante M. Scaccia, Esq., sworn to November 21, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the orders entered October 29, 2012, December 13, 2012, and September 18, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect appeal Nos. 1 and 2 on the condition that the appeals are perfected on or before February 14, 2014, and

It is further ORDERED that the motion is otherwise denied.

Entered: December 17, 2013

Frances E. Cafarell, Clerk